38 U.S.C. § 5104B — Higher-level review by the agency of original jurisdiction

(a) In General .— (1) A claimant^* may request a review of the decision of the agency of original jurisdiction^* by a higher-level adjudicator within the agency of original jurisdiction. (2) The Secretary^* must approve each request for review under paragraph (1). (b) Time and Manner of Request .— (1) A request for higher-level review by the agency of original jurisdiction must be— (A) in writing in such form as the Secretary may prescribe; and (B) made within one year of the notice^* of the agency of original jurisdiction’s decision. (2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary must not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause. (c) Decision .— Notice of a higher-level review decision under this section must be provided to the claimant (and any representative of such claimant) and must include a general statement— (1) reflecting whether evidence was not considered pursuant to subsection (d); and (2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department^*. (d) Evidentiary Record for Review .— The evidentiary record before the higher-level adjudicator must be limited to the evidence of record in the agency of original jurisdiction decision being reviewed. (e) De Novo Review .— A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction must be de novo.